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  • Subject: Re: *** ADMIN: Consultants forum?
  • From: email@xxxxxxxxxxxxxxxxxxx (James W Kilgore)
  • Date: Wed, 24 Nov 1999 00:52:38 -0800
  • Organization: Progressive Data Systems, Inc.

Mark,

I've apologized once before for being snotty on this topic, and do so
again for you.

Maybe I've gotten an "attitude" about the possibility of this list due
to the fact that I've never seen a proposed guidelines and have feared
some of the worst.

I'm probably wrong in having these fears, in that such a list would be a
subset of this list which contains some very fine people.

There are a few things I would like -not- discussed on this list:
1) legal advice, about contracts, subcontracting, labor laws or
otherwise.  We aren't lawyers.  Source recommendations I feel are wholly
acceptable.
2) tax advice/dodges. We aren't accountants. (besides, boasting could
get you nailed <g>)  Again, source recommendations I feel are wholly
acceptable.
3) pissing contests.  Not acceptable under any circumstances.  As a side
note on this one, Harvard business school teaches by "case study".  To
state a case, within context of governing conditions, and successful
solutions -is- desirable so long as we keep the chest pounding to a low
murmur.

In another post I mentioned that I would probably being eating crow for
Thanksgiving about my prior attitude in all of this. Got any recipes?

There are a couple of other items that do pop up on midrange-l where
RTFM does become a resounding response.
Maybe another fear that I have is that this proposed forum would be
viewed as a replacement for fundamental business education.  That, IMO,
is something one should have -before- going into business.

To have a technical skill does not prepare one to engage in the free
enterprise system.  Maybe the horror stories posted in the "programmer
vs consultant/contractor" thread are partially a result of freelancers
who don't know or care about business ethics.  Now, before anyone flames
me on the use of the word "ethics" and tells me about it being a
dog-eat-dog world out there and that ethics don't apply, I must say that
I've only seen this attitude among the hungry.  And yes, ethical people
must deal with the hungry ones.

Hungry contractor/consultants that will say whatever to get a job,
staffers that will say whatever to keep their job and managers looking
for a scapegoat.

But, anyway, in spirit of the holiday season, I'll respond to your
points of interest:

Subcontracting:

First, check the laws within your state with competent counsel.
I just snipped the whole bit about what I went through in Washington
state about having subcontractors.  This state's laws may or may not
apply to your situation and anything I post could be changed by the next
legislative session.  Anything I would have to say on the subject would
only be within context of state law AND my comfort level with these
laws.  This is one you'll have to do without input from me. Sorry.

Rates for service in a particular area:

Here's what we did. Go to the airport and get a newspaper from the
region in question.  Check the classifieds and make a few phone calls to
find out what the going labor rate is for a Sr programmer/analyst.
Multiply that by 3.  In an unknown territory we've found that to be a
good starting point.  Reputation allows for increase.  A closed
community may require that you take the labor rate *2 until you prove
yourself.  BTW, you can live in Boston for 20 years and still be called
an outsider!

Contracts:

Get copies of as many contracts as you can by hook or crook and cross
compare them.  We did that and got a copy of "Data Processing Contracts:
Structure, Contents, and Negotiation"  It points out, by clause, the
lopsided to vendor wording, lopsided to client wording and a middle
ground wording.  Build your own.  Decide in advance which points are or
are not negotiable.  Review with competent legal counsel.

Oh, as a side note about legal counsel.  They hold a role akin to the
role held by the Senate to the Presidency.  That is to "advise and
consent".  Legal counsel, at best, will educate you on exposure.  NEVER
acquiesce decision making to them.  It's your business.  Make your
decisions, under advisement.  Remember that each time you sign the
check. <g>

Peace,
James W. Kilgore
President
Progressive Data Systems, Inc.
Founded 1977

(that last line is a low murmur chest pounding <g>)

P.S. I can also see value in a related "resume" listing linked to this
forum.  David's success in this list may allow AS/400 shops to focus on
pertinent talent instead of searching the monster board. You're right.

Mark Lazarus wrote:
> 
> James,
> 
> 
> 
>  OK, so why would you have a problem w/ this type of forum?
> 

> >>
> >>  Here's my opinion on this.  I think that it can be a useful forum.  This
> >> would be especially true for the little guy (i.e. a 1 man consulting shop.)
> >>
> >>  Some possible topics:
> >>
> >> - Subcontracting
> >> - Rates for a service for a particular area
> >> - Contract samples
> >>
> >>  IMHO, it should be allowed to post opportunities and consultants seeking
> >> work.
> 
>   -mark
>
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